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Posted in Fourth Amendment on July 18, 2025
In a pivotal ruling for Pennsylvania criminal defense law, the Superior Court of Pennsylvania reversed the drug convictions of two York County men—Charles and Timothy Manuel—after finding that the search warrant used to enter their home lacked sufficient probable cause. This en banc decision underscores the importance of police corroboration when relying on tips from… view more
Posted in Centre County DUI,Fourth Amendment on July 17, 2025
In Commonwealth v. Lee, CP-14-CR-1136-2024, the Centre County Court of Common Pleas ruled that a Bellefonte police officer lawfully stopped a suspected drunk driver outside of her jurisdiction under Pennsylvania’s Municipal Police Jurisdiction Act (MPJA). This case provides important guidance for anyone facing DUI charges in Pennsylvania, especially when questions arise about whether officers acted… view more
Posted in Fourth Amendment on July 12, 2025
In Commonwealth v. Hightower, 2025 PA Super 129, the Pennsylvania Superior Court affirmed a York County judge’s suppression of evidence in a felony drug and firearm case. The ruling provides a critical reminder of the constitutional limits on police conduct during protective sweeps and the plain view doctrine. Background of the Case In the case,… view more
Posted in DUI on July 8, 2025
In a recent decision that impacts DUI prosecutions across Pennsylvania, the Pennsylvania Supreme Court issued important guidance on how the Commonwealth can prove a “highest rate of alcohol” DUI offense when the exact time of driving is uncertain. The case, Commonwealth v. Starry, 19 WAP 2019, addressed how blood alcohol content (BAC) test results obtained… view more
Posted in Fourth Amendment on July 6, 2025
A Centre County judge ruled that a vehicle stop and subsequent search of a vehicle were unconstitutional, resulting in the suppression of nearly an ounce of marijuana and related paraphernalia. The case, Commonwealth v. Max Jean, serves as a critical reminder of the legal protections against unreasonable searches and seizures, particularly when police rely on odor-based… view more
Posted in DUI on July 3, 2025
The Pennsylvania Superior Court recently issued a published opinion in Commonwealth v. Greene, reaffirming that police officers’ improper “expert” opinions at trial may be harmless error when other evidence overwhelmingly supports a conviction. The case offers important lessons for both defense attorneys and drivers facing DUI drug charges in Pennsylvania. The Facts: Traffic Stop Leads… view more
Posted in 2nd Amendment on July 3, 2025
In a significant ruling for gun owners in Pennsylvania, the Third Circuit Court of Appeals struck down Pennsylvania’s ban preventing 18-to-20-year-olds from carrying firearms during declared states of emergency. The Court ruled that these restrictions violate the Second Amendment right to bear arms. This decision, issued on January 18, 2024, in Lara, et al. v…. view more
Posted in DUI on July 2, 2025
Commonwealth v. Gause, 164 A.3d 532 (Pa. Super. 2017) In a significant win for due process and evidentiary standards, the Pennsylvania Superior Court vacated a York County man’s DUI conviction after finding that police improperly offered “expert-like” testimony without the proper qualifications. The Traffic Stop and DUI Charges In Commonwealth v. Gause, police stopped Gause… view more
Posted in 2nd Amendment on July 2, 2025
The Pennsylvania Superior Court recently issued a significant opinion in Commonwealth v. Williams, 2025 PA Super 137, reinforcing the constitutionality of Pennsylvania’s firearm license requirements for individuals under 21. The Case: Commonwealth v. Williams In April 2023, Williams, a 19-year-old, was stopped during a routine traffic stop in York County. During the stop, police discovered… view more
Posted in Fourth Amendment on June 29, 2025
Police often look for any reason to conduct a traffic stop to conduct a further investigation and look for drugs or guns. Such stops are called “pretextual”. Such stops routinely occur on interstate 80 in Centre County. The police conduct stops for people that follow too closely, have tinted windows, or drive in the left… view more
